[§432D-26]  Genetic information
nondiscrimination in health insurance coverage.  (a)  No health maintenance
organization may:



(1)  Use an individual's or a family member's genetic
information, or request for genetic services, to deny or limit any coverage or
establish eligibility, continuation, enrollment, or premium payments;



(2)  Request or require collection or disclosure of an
individual's or a family member's genetic information; or



(3)  Disclose an individual's or a family member's
genetic information without the written consent of the person affected, the
person's legal guardian, or a person with power of attorney for health care for
the person affected.  This consent shall be required for each disclosure and
shall include the name of each person or organization to whom the disclosure
will be made.



(b)  As used in this section:



"Family member" means, with respect
to the individual, another individual related by blood to that individual.



"Genetic information" means
information about genes, gene products, hereditary susceptibility to disease,
or inherited characteristics that may derive from the individual or family
member.



"Genetic services" means health
services to obtain, assess, or interpret genetic information for diagnosis,
therapy, and genetic counseling. [L 1997, c 91, §3]



 



Law Journals and Reviews



 



  Privacy and Genetics:  Protecting Genetic Test Results in
Hawai‘i.  25 UH L. Rev. 449.